On The Trust Type Of Financial Product In The Bank's Fiduciary Duty To The Customer

From 1980s, China's commercial banks started personal financial services. While rapid growing of personal wealth management of China's commercial banks and needs of customers,financial products has been increasing, and financial services are better and better. In the same time,the system of Commercial Bank Personal Financial Services is gradually perfected. "Commercial Bank Personal Financial Services Interim Measures" (the "Interim Measures"), "Commercial Bank Risk Management Guidelines for Personal Financial Services" (hereinafter referred to as "Guidelines") and other legal documents were implemented, which were crucial to the supervision on conducts and transactions of Personal Financial Services of commercial banks, to the protection of the lawful rights and interests of investors, and to safeguarding the healthy and orderly development of securities markets.With the rapid development of financial services of commercial banks, disputes between commercial banks and customers have continued to increase. Especially after the incidents of "zero yield" or "negative gain" of many financial products in early 2008, many customers filed lawsuits against the commercial banks, requiring banks to compensate for their losses, bear corresponding civil liability. But personal financial services of commercial banks have their distinctiveness, a simple reference to civil law, the absence of fiduciary duty go against the protection of the interests of customer.Therefore, this article will take the trust financial products for example, start with differentiating and analysing the legal nature of trust financial products, study rights and obligations of banks and customers ,and clarify basic components of fiduciary duty for commercial banks on trust financial products.The relationship of bank and customer in trust financial products actually is trust. In order to better achieve the purpose of the trust financial products and to better protect the right of customers, I suggest set fiduciary duty of bank, according to fiduciary duty in the trust relationship. In order to better implement and execute the fiduciary duty of commercial banks,it is necessary to perfect civil liability ,which includes clearing the nature of civil liability, and establishing presumption of fault liability.The first chapter will start with the concept and features of trust financial products, analyze legal relationship characteristics of trust financial products.The second chapter will discuss the construction of fiduciary duty of bank .This chapter include provisions of existing laws on fiduciary duty of bank, reference of fiduciary duty on trust law, and the context of fiduciary duty of bank. Chapter III presented advices on construction of fiduciary duty of bank.